Between Jian Ghomeshi’s career meltdown at the CBC, accusations against Bill Cosby and allegations of harassment among Ottawa politicians, 2014 could be called the Year of Workplace Harassment — at a time when many thought we had moved beyond the 1960s Mad Men-mentality.

It’s a problem that has always quietly existed — especially in male-dominated workplaces — but recent factors have converged to push the issue into the spotlight, said Sandy Welsh, a University of Toronto sociology professor specializing in workplace harassment.

“There has been a lot of recent news about violence against women,” Welsh said during a panel discussion on workplace harassment at the Human Resources Professionals Association’s (HRPA) annual conference in January.

“Last year we heard about the kidnapping of Nigerian schoolgirls, violent threats against female video game developers, sexual assaults on university campuses and by student athletes, plus the news about Jian Ghomeshi. It has really permeated the conversation recently.”

And it’s a conversation that’s increasingly playing out on social media. Ghomeshi quickly turned to Facebook in an attempt to get ahead of accusations levelled against him, but so did victims — especially around questions on why many women never report sex assaults or harassment.

“The #beenrapedneverreported campaign changed the message around why many victims don’t report; and, at the same time, it created an effective online support community,” Welsh said.

“When the first Ghomeshi victim came forward, others followed — that was all social media.”

Harassment in the workplace Welsh says harassment is an organizational issue, not interpersonal.

“Harassment is used to threaten, coerce and show the victim they are not wanted — that’s why it is most prevalent in male-dominated workplaces,” she said. “It’s often used against female victims who are felt to be stepping out of gender-specific roles.”

Employers get this — particularly traditional ideas of harassment, like groping and bum patting — but there are knowledge gaps

Also, workplaces where there is significant job insecurity are more prone to harassment.

The good news is that there has been a significant shift in attitudes around harassment since Robichaud v Canada (Treasury Board) , [1987] , when the Supreme Court of Canada found organizations are liable for the discriminatory conduct of its employees.

And the past 20 years has seen increased regulation against workplace harassment — notably amendments to Ontario’s Occupational Health and Safety Act around violence and harassment.

“Employers get this — particularly traditional ideas of harassment, like groping and bum patting — but there are knowledge gaps — for example, when it comes to romantic relationships gone bad,” said employer lawyer and panelist Andrew Pinto. ”

The dark side of office romance Pinto said he often sees harassment victims seeking legal advice after a one-time consensual relationship has gone south and one party — typically a woman — is bearing the brunt of the change.

“Usually, by the time I see a harassment victim, she has tried to address the unwelcoming behaviour herself, has gone to management unsuccessfully and is coming to me out of desperation,” Pinto said.

Like sexual assaults, there are many reasons why harassment victims are hesitant to come forward. “Some women decide to do nothing and wait it out, hoping for a change where they don’t have to work alongside the harasser. Some feel they are somehow responsible because of the past relationship. Others fear that if they move forward with a harassment allegation they will wreck their career, or the harasser’s career.

“And frequently it’s a fear of losing control of the situation after they make a complaint.”

Duties of employers However, the moment an employer becomes aware of harassment allegations — either directly or through the rumour mill or a colleague — they have an obligation to address the issue quickly, take it seriously and provide a response to the victim to advise them of the steps they are taking and provide assurances that there will be no reprisals.

During this period, when the allegations are being investigated, employers need to protect both sides — accused and accuser. “People might not be satisfied with that, but they have to wait for the outcome of investigations,” said panelist and employment lawyer Christine Thomlinson. “That’s why employers should hire experienced investigators who can manage expectations and emotions.”

Also, the end of an investigation doesn’t necessarily result in firing, Thomlinson said. “Actually, firing is rare. There are other options to fix the situations that involve repairing the workplace relationship.”

Ultimately, though, the best defence against harassment are workplace cultures that emphasize respect for all, along with zero tolerance policies and management that takes harassment seriously, the panel concluded.

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